Plaintiff Recovers Damages For Absences From Work Caused By Emotional Condition Resulting From Employer's Wrongful Denial Of FMLA Leave
Frank Farrell began working for Tri-County Metropolitan Transportation District of Oregon (“TriMet”) in 1996. During a pre-employment examination, Farrell learned that he had diabetes. By 2001, Farrell also suffered from eczema, chronic obstructive pulmonary disease, asthma, emphysema and/or chronic bronchitis. In September 2003, pursuant to the Family Medical Leave Act (“FMLA”), Farrell repeatedly requested permission to be absent from work as a result of his medical conditions. TriMet denied several of his requests and, shortly thereafter, Farrell was diagnosed with an adjustment disorder, anxiety and depression.
Farrell brought suit, and a jury found that TriMet: (1) “wrongly denied one or more requests by Farrell for leave under the FMLA”; (2) that the “wrongful denials resulted in emotional stress or other mental problems that caused Farrell to miss additional days of work”; and (3) that Farrell was entitled to $1,110 in lost wages “for days of work that he missed because of stress or other mental problems resulting from the wrongful denial of FMLA leave.”
On appeal, TriMet admitted that it violated the FMLA by denying one or more of Farrell's requests for medical leave. TriMet also did not challenge that its denials caused Farrell to experience emotional distress. TriMet contended, however, that “Congress did not intend FMLA to permit the recovery of consequential or emotional distress damages which is what Farrell received here when the jury awarded him damages for time loss induced by emotional distress.” The 9th Circuit affirmed the damage award, holding that the FMLA allows a plaintiff to recover damages for absences from work that were caused by an emotional condition that itself resulted from the employer's wrongful denial of FMLA leave.
It is well-settled that the FMLA, by its terms, “only provides for compensatory damages and not punitive damages, 29 U.S.C. § 2617(a). The Sixth Circuit recently explained that recovery for emotional distress is not available under the FMLA “because the FMLA specifically lists the types of damages that an employer may be liable for, and it includes damages only insofar as they are the actual monetary losses of the employee such as salary and benefits and certain liquidated damages.”
Here, the jury's verdict reflects that Farrell was not awarded FMLA damages for emotional distress, but rather “for days of work that he missed because of stress or other mental problems resulting from the wrongful denial of FMLA leave.” Unlike emotional distress, which requires valuating an intangible, this calculation can easily be quantified, in accordance with Section 2617, as an “actual monetary loss,” by determining the wages Farrell would have earned on the days he could have worked, but was unable to do so because of TriMet's violation.
The jury's verdict in this case is consistent with TriMet's position that “Congress decided that aggrieved employees must bear the cost of their own psychological damages when it comes to harm caused by employers violating FMLA” because the verdict does not require TriMet to compensate Farrell for “psychological damages.” Rather, the verdict requires TriMet to compensate Farrell for the wages he lost “by reason of its violation.” The jury's verdict was limited to wages actually lost as a result of TriMet's FMLA violation, and thus, the award was not “a back-door means of recovery for psychic injuries.”
The actual issue presented on appeal is straightforward and requires no reworking of established precedent. TriMet violated the FMLA and Farrell was awarded $1,110 in lost wages for days of work that he missed as a result of TriMet's violation.
Tri-County Metropolitan Transportation District Of Oregon
The 9th Circuit Court of Appeals’ jurisdiction includes California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska and Hawaii.